Curen
Curen v. Federal Crop Insurance
Opinion
Lead Opinion
Breyer, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
Chapter 11 Bankruptcy Trustee John Van Curen (“Trustee” or “Plaintiff’) brought suit against the Federal Crop Insurance Corporation and Risk Management Agency (collectively, “Defendants”) to compel payment of crop insurance proceeds for the benefit of Debtor Michael Hat, formerly doing business as Michael Hat Farming Company’s (“Debtor’s”) bankruptcy estate. See generally Compl. (dkt.l). Trustee filed a Motion for Partial Summary Judgment (“P.MSJ”), (dkt.28), asking the Court to order Defendants to *1203 implement the administrative decision of the U.S. Department of Agriculture’s National Appeals Division. Defendants, in turn, filed a Motion to Dismiss or in the Alternative for Summary Judgment (“Def.MSJ”), (dkt.29), arguing that the National Appeals Division never had jurisdiction to decide the dispute because Trustee’s claims are time-barred under the Federal Crop Insurance Act, 7 U.S.C. § 1508 (j), and the subject crop insurance policies. Because Plaintiff Trustee’s claims are time-barred, the Court GRANTS Defendants’ Motion and…